Commonwealth v. Leonard

Decided October 15, 1858

Massachusetts Supreme Judicial Court · decided 1858-10-15

Complaint on St. 1855, c. 215, § 15, averring, in due form, that the defendant unlawfully sold “ intoxicating liquors, and mixed liquors part of which was intoxicating.” At the trial in the court of common pleas in Bristol, the Commonwealth proved one sale of gin. The defendant contended that there was a variance between the indictment and the proof, because the government had proved a sale of intoxicating liquors only, and not of mixed liquors also.

Decided 1858-10-15

Metcalf, J.

¶1This case falls under the established rule of evidence in criminal cases, that it is not necessary to prove the offence, charged in a complaint or indictment, to the whole extent laid ; but that it is sufficient for the prosecutor to prove so much of the charge as constitutes a substantive offence therein specified. 2 Russell on Crimes, (7th Amer. ed.) 789,790. *459This rule has repeatedly been recognized in this commonwealth. Commonwealth v. Livermore, 4 Gray, 19. Commonwealth v. Burns, 9 Gray, 287. Commonwealth v. Armstrong, 7 Gray, 50.

¶2Exceptions overruled.